ERVIN, Justice.
It seems advisable to make certain observations at the outset. The defendant is charged with simple assault. State v. Myrick, 202 N.C. 688, 163 S.E. 803. A simple assault is a misdemeanor punishable by a fine not exceeding $50 or imprisonment not exceeding thirty days. G.S. § 14-33. Under Section 12 of Article I of the North Carolina Constitution and G.S. § 15-137, a person charged with the commission of a misdemeanor cannot be tried initially...
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